Child Support: When Does It Ever End?

By Molly Murphychild support, divorce

Attorney

Cordell & Cordell, P.C., Jefferson City, Mo., office

If you have an order of child support against you, you are aware that it needs to be paid every month.  Many clients wonder when their child support is going to end.

For example, in the State of Missouri, there are several different ways that child support can end, or be terminated.

Read on for all the ways available to end paying child support.

 

Emancipation in the State of Missouri is governed by statute and case law.  The law states that unless the circumstances of the child manifestly dictate otherwise and the Court specifically so provides, that child support ends when the child dies, marries, enters active duty in the military, becomes self-supporting, reaches eighteen (unless they fall into exceptions) or reaches the age of twenty-one.  Self-supporting means that the custodial parent has relinquished the minor child from parental control by express or implied consent.  An example of this is when the custodial parent is no longer bearing the majority of the minor child’s expenses.  It can also mean the minor child has moved out and has established a separate residence.

Twenty-one is the age of emancipation in the State of Missouri.  However, some orders can extend the date of emancipation past the child’s twenty-first birthday to the age of twenty-two, when a certain amount of semesters in college have been reached, or when a child receives a degree.  To know for sure, clients need to check their original order, or consult with an attorney.

A caveat to the above applies when the child is physically or mentally incapacitated from supporting himself, insolvent and unmarried, the court may extend child support past the child’s eighteenth or twenty-first birthday.  At this point some parents seek legal guardianship over their child.  If you are interested in that option, please speak to a probate attorney.

The majority of my clients fall into the specifics of the college exceptions.  When a minor child reaches eighteen, and the child is enrolled in and attending a secondary school program of instruction, the child support shall continue.  It continues only if the child continues to attend and progress toward completion of said program.  Child support ends when the child completes the program, or twenty-one, whichever first occurs.  However, the minor child now also has several obligations for said child support to continue.  The child must be enrolled in said school by Oct. 1 or Feb. 1 following graduation from high school or an equivalent program.  The Court reserves the right to waive the deadline if the circumstances dictate.

The child must be enrolled for and complete twelve hours of classes each semester.  They must achieve high enough grades to be reenrolled for the next semester.  Further, to remain eligible for support, the child must submit to each parent a transcript or other similar official document from their school which includes the courses the child is currently enrolled in and has completed, the grades and credits received for each course, AND an official document from the school that lists the courses and credits in which the child is enrolled.  These documents must be submitted by the beginning of each semester by the child.  This cannot be sent by the custodial parent to the parent paying support.  If the child does not do this, the child will be considered emancipated.

Another important portion of the law states that if the child receives failing grades in half or more of his course load in one semester, payment of child support can be terminated.  This does not refer to course credits.  Every university, college or trade school handles failing grades differently.  Some give the child an incomplete or give them the class credit.  The law addresses solely grades.

Further, at any time, the non-custodial, or paying parent, may request the required documents from the minor child.  The child shall produce said documents within thirty days of receipt of their grades.  If the child fails to produce the documents, child support can terminate.

There are a few exceptions to the above rules.  One applies when a child is employed for at least fifteen hours per week during the semester, they are only obligated to take nine hours of credit a semester and pass.  Further, a child who has been diagnosed with a developmental disability, or whose physical disability or health problem limits the child’s ability to carry twelve hours per semester, will still be eligible for child support if they are meeting all the other requirements of the law.

And please don’t forget:  at any time, the parent paying support may petition the court to amend their order and have the parent pay the child directly.

When your child is indeed emancipated, do not assume someone else will end this obligation.  The burden to end the child support is on the parent or party receiving the support.  However, traditionally neither they nor the State of Missouri will end your obligation.  I would suggest you contact an attorney or the Circuit Clerk’s office.  In the State of Missouri, a party can fill out a form and have the other party served with it.  If the opposing party agrees that support should end or the child is the age of twenty-one, the support then ends.

 

 

Margaret “Molly” P. Murphy is an Associate Attorney in the Arnold, Missouri office of Cordell & Cordell, P.C. where she practices exclusively in the area of domestic relations. Ms. Murphy is admitted to practice law in the state of Missouri. Ms. Murphy was born and raised in St. Louis. She received her B.A. in Political Science and English Language and Literature in 1998 from the University of Tulsa where she graduated magna cum laude. Ms. Murphy received her Juris Doctor from the University of Missouri-Columbia in 2001.

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30 Comments on "Child Support: When Does It Ever End?"

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Jill
3 months 8 days ago
My step daughter will be 17 in May. She has been living with her boyfriend and his parents for the last 6 months. Her boyfriend and his parents pay for all her living expenses. My husband continues to pay child support to my step daughter’s mother despite my step daughter no longer living with her. Her mother is unfit to care for her, they do not get along and she does not wish to move 2 hours away to live with us and be away from her family and boyfriend. Since she no longer lives with her mother, the custodial… Read more »
6 months 13 days ago

Yes I have a 16 & 17 year old that is attending a non credited high school program here in TN…for no apparent reason just because. Could my child support be reduce because of them going to a non credited high school? I ask reduce because I still have a 14 year old that is included in my child support amount that does go to a public credited state school.

Shannon Mullins
11 months 7 days ago

I work for a college in St. Louis and I pay chil support for my child. I have the luxury of having my child’s college completely paid for. Since by working where I do and being able to offer this service can I quit paying support at 18 or pay less?

Christopher Davis
1 year 3 months ago
I received my divorce in Illinois and my ex moved to NY with our children. I soon left Illinois and moved to NY to be closer to my children but after a few years I became ill and moved to Missouri to be with my family as I could no longer work. In our divorce decree we had a provision for child support and a provision in the divorce decree that stated support would stop if I became unemployed. In may of 2014 I became ill and moved in with my mother in Missouri and per my divorce decree stopped… Read more »
Jen Vaeth
1 year 6 months ago
Paying custodial parent after child goes to collegeI need help explaining to my ex-husband why he has to continue to pay child support to me while our son will be away at college. He thinks that he should be able to pay our son directly since he won’t be at home. He doesn’t understand that just because he’s going to be away that there aren’t expenses at home that need to be covered. I claim my son on my taxes and my income will be what determines his financial aid package. I’ve tried explaining all of this but I’m continuously… Read more »
shawn
1 year 7 months ago

termination of support
My ex wants to terminate my support order. She is receiving parent.
How do we do it?

friend in need
1 year 8 months ago

Trying to help my friend
My friend is paying child support on 3 children to his ex wife, he has not seen his oldest son in a year and he turns 18 soon. Will he have to continue paying child support or is there something he can do to try to lower his payments from him not seeing his son. His son refuses to see him due to the son not liking the rules at his dads house, and not being allowed to play video games whenever.

Kenny
1 year 8 months ago

I can’t afford it
I don’t know what to do I can not afford to pay the more I try the more I owe. Now I am facing jail time. I never get to see my daughter who I love very much so I have not had the opportunity to even take care of her myself. Is there anything I can do?

Jim
1 year 10 months ago
Support Missouri I have a daughter who will be 18 December .. She dropped out of high school January 2014. Moved out from January till end of Febuary 2014.. She tried GED course on line and quit that as well .. Now says she is registered to attend GED course and a CMA course . I have joint custody how ever she refuses to see,me.. Also refuses to send registration .. I pay support by check and have never stopped.. Does support end in December or do I have to hire a attorney .. Her mother will never agree to… Read more »
Lee
1 year 10 months ago
Back child supportI’m currently ordered to pay $1,600 monthly in back child support for a child that paternity was never established. My arrearages Totaling over $95,000. The child is now 21years old. I not able to support my minor children in the home with the monthly payments so high I only bring in $2,300Monthly plus I have another child support case for my daughter that’s 23years old another $23,000 back support and a order for $500Monthly. They expect me to pay $2,100 Monthly.That Leave me with $200 for me to support my 2 minor kids I have in the home… Read more »
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